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Madras High CourtCRL MP(MD)/13205/2024allowed

Latha v. The State Of Tamilnadu

2024-12-05Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR IN CRL OP(MD) No.17364 of 2024 1 LATHA 2 ALAGARSAMY ... PETITIONER/ACCUSED 2 AND 4 Vs THE STATE OF TAMILNADU REP. BY THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL.

CRIME NO. 450/2024.

... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extent the time for furnishing sureties before the Judicial Magistrate, Vedasanthur, Dindigul as per Anticipatory bail order of this Honble Court in Crl.OP(MD) No. 17364/2024 by order dt. 09.10.2024.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.P.MANIKANDAN, Advocate for the petitioner and of Mr.K.SANJAI GANDHI, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- 1/3

The petitioners (A2 and A4) sought anticipatory bail and applied for arrangements to obtain solvency sureties and a solvency certificate, fearing the Magistrate might require them. However, the petitioners have been unable to obtain these documents, as none of their relatives own sufficient property, and the Tahsildar has denied issuing a solvency certificate. Hence, there has been a delay in the process.

2. Meanwhile, A1 and A3 have successfully obtained the solvency certificate and executed sureties. In view of the same, the delay is accepted. The petitioners are directed to execute sureties within 15 days from the date of receipt of a copy of this order. Further, it is made clear that the learned Judicial Magistrate, Vedasanthur, Dindigul District, shall not insist on any solvency sureties or solvency certificate. The petitioners are required to execute a bond for Rs.5,000/- with two sureties, since this is a case, involves a counterclaim.

3. With the above direction, this Miscellaneous Petition is allowed. sd/- 05/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SMN2 TO 1 THE JUDICIAL MAGISTRATE VEDASANTHUR, DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.MANIKANDAN, Advocate ( SR-15054[I] dated 06/12/2024 )

ORDER

IN IN CRL OP(MD) No.17364 of 2024 Date :05/12/2024 SS/GSV/SAR- /11/12/2024/ 3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3